Exh 7AAGLNllA IT1:,M #7A
dUNI 10, 2002
CITY OF ATLANTIC Bl!JACH
CITY COMMISSION STAFF REPORT
AG)JNDA ITEM: Rezoning of WQOP (Queen of Pcacc radio station) property
This item is continued from the January 02, 2002 meeting.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: May 24, 2002
BACKGROUND: This rezoning to Special Purpose District (SP) will bring the existing
radio station use into compliance with the amended zoning regulations, which became effective
January 1st of this year. The zoning of this property was designated as Open Rural (OR) at the
time this area was annexed to the City of Atlantic Beach. Radio antennae and associated uses
were permissible under the Use-by-Exception provisions within the Open Rural Zoning
District. The Open Rural District, however, has been eliminated as a Zoning District
Classification. The proposed rezoning was considered by the Community Development Board
at their December 18, 2001 meeting. The CD Board, recommended approval of the rezoning
requesting that the following additional conditions be placed on the property.
• There shall be no onsite wetland impacts.
• Any additional construction shall require site plan approval by the Community
Development Board prior to the issuance of any future Development Permits.
• The front (southernmost side) of the property shall be landscaped in accordance
with Chapter 24-177.
• Thcrc shall be no signs, and any existing signs shall be removed.
The Applicant has advised staff that FCC regulations require certain signs and notices to be
placed upon radio transmission towers, and the applicant also wishes to place signs on the
property identifying the radio station. A maximum number, size and height of signs (in
addition to that as required by FCC regulations) is suggested within the proposed ordinance,
although these dimensions maybe established as the Commission finds appropriate.
This rezoning to Special Purpose District specifically limits the use of this property to the
existing radio station use and accessory uses customary to a radio station. Any future change
in use would require approval by the City Commission, and in the case that the existing use is
ceased for more than twelve months, the establishment of any future use would require
approval of the City Commission and consistency with the Comprehensive Plan.
Additionally, the CD Board has recommended that any additional construction on this site
require approval of a site plan by the CD Board. A recommendation related to allowable
building height was not provided by the CD Board; however, Staff recommends that a height
criteria be established. A maximum building height is proposed (Section 3.c.iii of the proposed
Ordinance) at 15-feet, or one-story, for the main Building and 12 feet for any Accessory
AGENDA 11'EM #7A
JUNE 10, 2002
Structures. With the exception of height and signage criteria, the recommendations provided
above are those as provided by the CD Board at their December 18, 2001 meeting. Since that
meeting, the Applicant has met with Planning Staff and the City Manager to discuss further
conditions related to maximum height of buildings, signage, landscaping and re-painting of llte
existing building to a color that would "blend" with the surrounding marsh and wetland
environment. At this time, the applicant has not further advised Staff related to these earlier
discussions.
Staff offers the following conditions, and modifications to the CD Board's conditions, for the
Commission's consideration. (These conditions are contained within the attached proposed
ordinance.)
~kere-sl nd-impasts:There shall be no filling of onsite
jurisdictional wetlands beyond those for which permits have been issued ns of the
effective date of this rezoning.
• Any additional construction, which increases the Floor Area oP the existing
Principal Building or replaces the existing Principal Building, shall require site plan
approval by the Community Development Board prior to the issuance of any future
Development Permits,
• The maximum height for the Principal Building shall not exceed one-story Ind (15)
feet, and the maximum heieht for any Accessory Buildings shall not exceed twelve
(12) feet, except that the heieht for antennae shall be such height as licensed by the
Federal Communications Commission (FCC) and approved by the Federal Aviltion
Commission (FAA).
• The southern side of the nronertv. extending an east-westerly distance of
approximately one-hundred (1001 feet and the western side of the property
extending a northerly distance of eighty (80) feet shall be landscaped in lccord•mce
with Chanter 24-177 to provide a ten (10) foot wide continuous buffer ground the
building and accessory equipment The nronertv owner shall consult with Citv stiff
to determine plant materials annronriate to this marsh environment Llndsc~e
shall be continuously maintained in a healthy condition
• The existing buildings shall be painted in a color thlt blends with the mtural
environment surrounding this site The property owner shall consult with the
Community Development Director to determine an appropriate color
• The maximum number, size and height of 1ny Signs (in addition to those 1s
required by FCC regulations) shall be:
a. one Freestanding Sion, not to exceed sixty (60) squire feet of Sign Disnlly Are1
and twelve (12) feet in height: Such Sign shall be 1 monument style extern111y
and ground illuminated Sign and shall be constructed of wood hi h-densi~
urethane or similar materials provided thlt no nllstic or vinyl Sign flee shill be
used. The base of such Sign shall be landscaped
AGENDA ITEM #7A
JUNE 10, 2002
b, one Wall or Fascia Sion not to exceed twenty-four (24) square feet of Si
Disnlay Area. Wall or Fascia Sign shall be non-illuminated.
RECOMMENDATION: Subject to the above conditions or those as recommended by the
Commission, motion to approve Ordinance Number 90-02-171 (File Number REZ-2001-O1), a
rezoning to Special Purpose District (SP) for lands as described within attached Exhibit A,
adopting the proposed ordinance and suggested findings.
ATTACHMENTS: Proposed ordinance and
REVIEWED BY CITY MAN
AGENDA ITEM 1i7A
JUNE 10, 2002
ORDINANCE NUMBER: 90-02-171
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF
FLORIDA, ADOPTING ORDINANCE NUMBER 90-
02-171, REZONING LANDS AS DESCRIBED
IIEREINAITER FROM THE PRESENT ZONING
CLASSIFICATION OF OPEN RURAL (OR) TO
SPECIAL PURPOSE (SP); MAKING FINDINGS OF
FACT; PROVIDING FQR SPECIAL CONDITIONS;
REQUIRING RECORDATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, First Coast Catholic Communications, Inc. the record owner of lands
described herein within attached Exhibit A, filed an application (File Number REZ 2001-01) for
a zoning change dated October 09, 2001, as described hereinafter, and
WHEREAS, after required notice was published, a public hearing was held on the 10th
day of June, 2002 at 7:15 p.m. to consider said Ordinance.
NO~V THEREFORE, BE IT ENACTED BY TFIE CITY COMMISSION ON
BEHALF OF TI3E PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Upon consideration of the application, supporting documents,
recommendation of the Community Development Board, and comments from the staff and
citizens at the public hearing, the above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:
a. The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
b. The rezoning to Special Purpose District (SP) is consistent with the Comprehensive Plan.
c. The rezoning to Special Purpose District (SP) is consistent with the zoning and land
development regulations for the City of Atlantic Beach.
SECTION 2. Pursuant to this rezoning procedure, (File Number REZ 2001-01) the
zoning classification of Open Rural (OR) of the lands described within the legal description,
attached as EXIiIBIT A,
is hereby chanbed to Special Purpose District (SP).
Ordinance 90-02-171 Page 1 of3
AGENDA ITEM tf7A
JUNI: 30, 2002
SECTION 3. Special Conditions, which shall apply to the lands referenced herein, shall
be as follows:
a. The permitted use within this Special Purpose District shall be a telecommunication and
radio station broadcast facility. This Special Purpose District has been established in
accordance with Ordinance 90-01-172, Chapter 24, Zoning, Subdivision and Land
Development Regulations, Sections 24-62 and 24-113, Code of Ordinances For the City
of Atlantic Beach, Florida.
b. Accessory Uses and Structures shall be limited to those that are incidental and necessary
to conduct this specifically permitted Use.
c. Site Requirements and Building Restrictions.
i. Minimum Yard Requirements: Front -Eight (8) feet.
ii. Side and Rear-Zero (0) feet.
iii. Building Restrictions. The maximum height for the Principal Building shall not
exceed one-story and (15) feet, and the maximum height for any Accessory Buildings
shall not exceed twelve (12) feet, except that the height for antennae shall be such
height as licensed by the Federal Communications Commission. (FCC) and approved
by the Federal Aviation Commission (FAA).
d. There shall be no filling of onsite jurisdictional wetlands beyond those for which permits
have been issued as of the effective date of this rezoning.
e. Any additional construction, which increases the Floor Area of the existing Principal
Building or replaces the existing Principal Building, shall require site plan approval by
the Community Development Board prior to the issuance of any future Development
Permits.
f. The southern side of the property, extending an east-westerly distance of approximately
one-hundred (100) feet and the western side of the property, extending a northerly
distance of eighty (80) feet shall be landscaped in accordance with Chapter 24-177 to
provide a ten (10) foot wide continuous buffer around the building and accessory
equipment. The property owner shall consult with City staff to determine plant materials
appropriate to this marsh environment. Landscape shall be continuously maintained in a
healthy condition.
g. The existing buildings shall be painted in a color that blends with the natural environment
surrounding this site. The property owner shall consult with the Community
Development Director to determine an appropriate color.
h. The maximum number, size and height of any Signs (in addition to those as required by
FCC regulations) shall be:
• one Freestanding Sign, not to exceed sixty (60) square feet of Sign Display Area and
twelve (12) feet in height; Such Sign shall be a monument style, externally and
ground illuminated Sign and shall be constructed of wood, high-density urethane or
Ordinance 90-02-171 Page 2 of3
AClNllA ITLM tf7A
JUNL 10, 2002
similar materials, provided that no plastic or vinyl Sign face shall be used. The base
of such Sign shall be landscaped.
• one Wall or Fascia' Sign not to exceed twenty-four (24) square feet of Sign Display
Area. Wall or Fascia Sign shall be non-illuminated.
i In the case that the specific use permitted herein is ceased for a period of twelve (12)
months or abandoned, the Zoning District designation shall remain Special Purpose (SP),
except that no future Use shall be permitted except in conformance with the requirements
of Sections 24-62 and 24-113, Chapter 24, Zoning, Subdivision and Land Development
Regulations, and until the Ordinance establishing this Special Purpose District is
amended.
SECTION 4. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for vested
rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any
provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or
any other regulation shall be deemed waived or varied by any provision herein.
SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City oFAtlantic Beach, Duval County, Florida, in accordance with Section 125.63,
Florida Statutes.
SECTION 6. This Ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the zoning classification shall be
recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
official.
Passed on first rcading and public hearing by the City Commission of the City of Atlantic
Bcach this 10th day of Junc, 2002.
Passed on final reading and public hearing this 24th of June, 2002.
JOIiN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
1VIAUREEN HING
City Clerk
Ordinance 90-02-171 Page 3 of3
AGINDA 1TLM If7A
JUNI 10, 2002
Eshibit A
A portion of unsurveyed Section 19, Township 2 South, Range 29 East, Public Records
of Duval County, Florida, more particularly described as follows:
For a point of reference commence at the intersection of the center line of Atlantic
Boulevard with the easterly right of way line of the Intracoastal Waterway, and thence
run north 74 degrees 11 minutes east along said center line of Atlantic Boulevard a
distance of 51 L21 feet to an angle point of said center line; thence run north 39 degrees
00 minutes 50 seconds east along said center line a distance of 1744 feet; thence run
north 00 degrees 59 minutes 10 seconds west a distance of 50 feet to the northerly right
of way line of said Atlantic Boulevard for a point. of beginning of the lands to be
conveyed by this description; thence continue north 00 degrees 59 minutes 10 seconds
west a distance of 430.98 feet to the north line of aforementioned section 19; thence run
north 88 degrees 24 minutes, east, along the north line of section 19 a distance of 300.02
Feet; thence run south 00 degrees 59 minutes 10 seconds east a distance of 434.19 feet to
the northerly right of way line of Atlantic Boulevard; and thence run south 89 degrees 00
minutes 50 seconds west along said right of way line a distance of 300 feet to the point of
beginning.
Less and excepting from the above described lands any portion described in Official
Records Book 8045, Page 48 of the current Public Records of Duval County, Florida.
Less and excepting Parcel 129 as described below:
A portion of unsurveyed section 19, Township 2 South, Range 29 East, Duval County,
Florida lying north of Atlantic Boulevard (state road no. 10) and a portion of the
Bartolome de Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 east,
Duval County, Florida and being more particularly described as follows: also being a
portion of the lands described in Official Records, Volume 7386, Page 1717 of the
current Public Records of said Duval County.
For a point of reference commence at the intersection of the west line of the Bartolome
de Castro y. Ferrer Grant, Section 3~, Township 2 south, Range 29 east, Duval County,
Florida with the northerly right-of--way line of Atlantic Boulevard (state road no. 10) (a
right-of--way of varying width); thence south 89n30'37" west, along said northerly right-
of-way line, a distance of 431.346 meters (1415.17 feet) to the southeast corner of lands
described in Official Records Volume 7336, page 1717 of the current Public Records of
said Duval County 1'or a point of beginning; thence continue south 89n30'37" west, along _
said northerly right-of--way line, a distance of 44.059 meters (144.55 feet) to an angle
point in said northerly right-of--way line as depicted on the Florida Department of
Transportation right-of--way map section 72100-2558, State Road No. 10, Sheet 5 of 6,
dated May 5, 1993 on file of record in the District Two Office in Lake City, Florida;
thence north 84n16'14" west, along said northerly right-of--way line, a distance of 47.662
meters (156.37 feet) to a point on the westerly line of aforesaid lands described in
Official Records Volume 7336, Page 1717; thence north OOn29'23" west, departing said
northerly right-of--way line and along said westerly line, a distance of 42.081 meters
AGENDA IT1;M #7A
JUNE 10, 2002
(133.06 feet); thence north. 89n30'37" east, a distance of 16.901 meters (55.45 feet);
thence south OOn29'23" east, a distance of 36.527 meters (119.84.feet); thence south
SOn14'03" east, a distance of 4.792 meters (15.72 feet); thence north 89n30'37" east, a.
distance of 45.111 meters (148.00 feet); thence north OOn29'23" west, a distance of
13.288 meters (60.00 feet ); thence north 89n30'37" east, a distance of 15.183 meters
(49,83 feet); thence south 27n56'34" east, a distance of 5.104 meters (16.75 feet); thence
south OOn29'23" east, a distance of 4.919 meters (16.14 feet); thence north 89n30'37"
east, a distance of 4.267 meters (14.00 feet); thence north OOn29'23" west, a distance of
9.449 meters (31.00 feet); thence north 89n30'37" east, a distance of 3.962 meters (13.00
feet) to a point on the easterly line of aforesaid lands described in official records volume
7386, page 1717; thence south OOn29'23" east, along said easterly line, a distance of
25.908 meters (85.00 feet) to the point of beginning. Containing 1675.4763 square
meters, (18034 square feet), more or less.
AGENDA ITEM iR7A
JUNE 10, 2002
MINUTES OF MEETING OF
COMMUNITY DEVELOPMENT BOARD
December 18, 2001
A regular meeting of the Community Development Board was held Tuesday, December 18, 2001, in the
City Hall Commission Chambers. Present were Chair Don Wolfson, Robert Frohwein, Karl Grunewald,
Samuel Jacobson, Steve Jenkins, Mary Walker, Community Development Director Sonya Doerr and
Recording Secretary Susan Dunham.
1. Call to Order
The meeting was called to order at 7:00 p.m.
2. Pledee of Allcaiance
3. Annroval of Mimttes of Mectin~ of November 20.2001
A motion was made by Mr. Grunewald, seconded by Mr. Jcnl:ins and unanimously carried to
approve the Minutes of the Community Development Board meeting of November 20, 2001.
4. Recognition of Visitors
None.
5. Old Business
a. Renucst to consider a re
proncrty from Onen Rura
continue with the nsc rest
' consists of annrnximatcly 2.
' ' ' ' ' ' ' the Intracoastal Waterway.
Ms. Doerr advised the Board that this Special Purpose District is very limited and addresses the unique
needs of the existing use of the property. She further advised that since this item last came before the
Board in October, the new Land Use Code had been amended and adopted, and the legal description of
this property was included in Section 21-14. She stated that it is important to recognize that if this
property is rc-zoned to Special Purpose District, this is the only authorized use of the property without
coming before the Community Development Board and the City Commission.
Mr. Diebenow was not in attendance. (Arrives at 7:1 S pm.)
Mr. Wolfson advised Ms. Doerr that he had hoped that this property would be given a Conservation
designation with aUse-by-Exception attached rather than a Special Purpose District. Ms. Doerr
responded that the Special Purpose District would provide tighter control and that there is no provision
for this use as aUse-by-Exception in the Conservation Zoning District. Shc stated that this Special
Purpose District restricts the property to this use only, and it cannot be used for anything else without
coming before the Community Development Board. Mr. Wolfson stated that he was concerned that they
wore perpetuating that use indefinitely. Ms. Doerr responded that as long as that owner owns that
property, they arc entitled to continue this use.
Mr. Jacobson stated that this is spot zoning. He stated that if it stops being a radio station, he would like
to see it revert to its original state. Ms. Doerr advised that if that use were to end, it would have to be
brought back to the Board to establish rights for another use. She further stated that in Section 24-103 in
the Intent Section, the following language was added, "Any use has to be consistent with the
. hlinutesojCommuniryDevelopmeneBoard
December 18, 2001
Page 2
AGINllA 11'>;M N7A
JUNl 10, 2002
Comprehensive Plan." Ms. Doerr advised that this is a legal non-conforming use and if it goes away, any
future use has to be consistent with the Comprehensive Plan and the Comprehensive Plan designates that
as Conservation. She further advised that whether a telecommunication tower is consistent or non-
consistent with Conservation may be a legal issue.
Mr. Frohwein stated that if radio stations were a permitted use, then another radio station would not be
required to come before the Community Development Board. I-Ie suggested that aUse-by-Exception
instead of a permitted use would be further limiting. Ms. Doerr responded that even if this specific
permitted use expires if it ceases for twelve months or is abandoned, that any new use in a Special
Purpose District requires the Board's approval as would aUse-by-Exception. She further stated that that
the radio station's legal description is part of the Ordinance establishing the Special Purpose District and
that this would have to be amended before any other use would be allowed or the SP district expanded.
Ms. Doerr explained that even though the property is rezoned Special Purpose, it would first be subject to
the conditions in the specific rezoning Ordinance in the package, since those provisions are more detailed
than the zoning regulations. Ms. Doerr advised the Board that it was her feeling that the level of
regulatory authority in a rezoning Ordinance is stronger than that of aUse-by-Exception.
Mr. Jacobson advised that the Ordinance and the new zoning classification were in conflict where the
zoning classification provides for abandonment after six months and the Ordinance gives it a period of 12
months.
Mr. Steven Diebenow arrived at 7:15 p.m. and introduced himself He stated that he was here on behalf
of the radio station. Mr. Diebenow explained that the reason they asked for a year in the specific terms of
this Special Purpose District was that the radio station is run solely by contributions and donations by
benefactors, and that the regulations allowed the flexibility to ask for twelve months rather than six
months. He stated that if the radio station were to get knocked over, he did not know if six months would
be enough time to raise money and rebuild the radio station. In response to a question from Mr. Wolfson,
Mr. Diebenow responded that he thought that the radio station carried insurance for that type of disaster
but he was not familiar with the insurance plan. He stated that the radio station is asking for one year to
put everything back in order, but if the Board thinks that six months is enough time, then the radio station
would have to work with that schedule. Mr. Diebenow reminded the Board that the radio station property
has already been down-zoned and down-planned not once, but twice. Mr. Diebenow stated that from the
overall perspective, the radio station has had a significant erosion of their Icgal rights and probably an
actionable erosion of their rights. He further stated that he appreciated the accommodations and the
willingness of Staff, the Board and the City Commission to work with them.
Discussion was held with regard to placing an ownership restriction which could possibly diminish the
property value or leaving the Ordinance as is and accepting the possibility that the property could be sold
to another "bigger and better" telecommunication firm. Ms. Doen• advised that zoning and ownership
should not be tied together. She further stated that land use regulations should look at characteristics of
use, not who owns the land, and that to make decisions based upon ownership is discriminatory. In
addition, she stated that the applicant should agree to a condition that ties ownership to the use of the
property.
Mr. Grunewald moved to recommend to the City Commission that this property be rezoned from
Open Rural to Special Purpose to allow an existing radio station to continue with the use restricted
to radio station and accessory structures only with the caveat that the radio station be landscaped
so that it would be aesthetically attractive. Mr. Frohwein seconded the motion.
tYlinutes of Community Development Board
December 18, 2001
Page 3
AGENDA ITINI #7A
JUNE 10, 2002
Discussion was held with regard to the possibility of the owner filling wetlands and building on all 2.5
acres. Ms. Doerr advised that a condition could be added, if the owner wants to offer this, then he would
have to come before the Board. Mr. Diebenow advised that the radio station does not intend to fill
wetlands the site.
Mr. Grunewald withdrew the motion and Mr. Frolrwcin withdrew the second.
Mr. Frol~wein moved to recommend to the City Commission to approve the proposed ordinance
with the following caveats:
(1) to have a signircant amount of landscaping on site to screen the e.isting building;
(2) no signagc and remove the existing signagc;
(3) no wetland mitigation or wetland impact on the property; and
(4) that any and all future construction will be necessary to provide a site plan for this Board to
view and review prior to obtaining any building permits.
Mr. Grunewald seconded the motion.
Mr. Wolfson referred to Section 24-177, Requirements for Buffering. He stated that the landscape
element of Chapter 24 be incorporated so that it is maintained with the maximum amount of landscaping
without placing an excessive burden on applicant. Ms. Doerr stated that she would work with the
applicant.
A vote was called and Mr. Jacobson, Mr. Frolrwein, Mrs. Walker and Mr. Grunewald voted in
favor of the motion and Mr. Jenkins and Mr. Wolfson voted against the motion. Motion to
recommend approval of tlrc requested rezoning carries.
AClNDA 1'1'EM iS7A
JUNL 10, 2002
CON tTVIUMTY DEVELOPMENT STAFF REPORT
December 13, 2001 Public Hearing
Rezoning, REZ-tool-Ol
To:
From:
Date:
Subject:
Community Development Board
Planning, Zoning and Community Development Department
City of Atlantic Beach
December 07, 2001 '
This item is continued from the October 17, 2001 reo lar meeting.
REZ-2001-01
Applicant: First Coast Catholic Communications, Inc.
391 14w Avenue South
Jacksonville Beach, Florida 32250-4909
Requested Change: Rezoning from OR (Open Rural) to SP (Special Purpose District) to
bring zoning into compliance with the existing radio station use and
adopted amendments, to the Zoning Regulations.
Location: North.of Atlantic Boulevard and east of Intracoastal Waterway
E~dsting Zoning: OR (Open Rural)
Future Land Use: CON (Wetlands/Conservation)
Surrounding Zoning: CG and RG-lA
Surrounding Land Use: Intracoastal Waterway with associated wetland areas and major
transportation facilities.
AGENDA ITEM #7A
JUNE 10, 2002
STAFF CONIl~IENTS AND RECOMMENDATION
This rezoning request was submitted at the direction of staff to bring the e,~isting radio station and
broadcast facility operated by WQOP (Queen of Peace) radio station into conformitywith changes
to the zoning regulations that were adopted on November 26, 2001. TIus use has existed on the site
for over twenty years, and the property is zoned Open Rural (OR). The adopted amendments to the
zoning regulations have to eliminated the Open Rural zoning category.
The radio station was permitted as an approved Use-by-Exception within the OR zoning district.
With adoption ofthe proposed amendments to Chapter 24, the radio station would continue to be a
legally permitted use, however, the zoning status of the property would be inconsistent with the
City's zoning and land development regulations. The e.~.isting use is not in conflict with the
Comprehensive Plan or the Future Land Use designation of Conservation, and as such, the zoning
designation should be changed to "fit" the use of the property.
Because this use, the location of the property, and the history of the property are unique, Staff has
recommended that the radio station property be rezoned to Special Purpose District. Particular
standards applicable to this site arc set forth within the Special Purpose (SP) rezoning ordinance,
which is provided with this report.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Communiiy Development Board may consider a motion to recommend approval to the
City Commission of the REZ-2001-O1, a rezoninb to Special Purpose (SP) for lands as
described within attached Exhibit A, and as set forth within the application and supportinb
documents, •rnd adopting the terms and conditions as setforth within the proposed ordinance,
provided:
(Provide findings of fact similar to the following, and attach other conditions as may be
appropriate.) ,
1. The request for rezoning has been fully considered after public hearingwith legal notice duly
published as required bylaw.
2. The rezoning to Special Purposo (SP) is consistent with the Comprehensive Plan and the
Future Land Use Designation of Conservation in that the use does not create adverse
environmental impacts.
3. The rezoning to Special Purpose (SP) is consistent with the land development regulations for
the City of Atlantic Beach.
4. The zoning district designation of Special Purpose (SP), and the specific use and special
conditions asset forth herein are consistent and compatible with surrounding development.
2
AGI',NllA I1'lM tt7A
JUNl 10, 2002
SUGGESTED ACTION TO R1'1COlvIMEND DENTAL
The Community Development Board may consider a motion to recommend denial, to the City
Commission of the I2BZ-2001-O1, a rczonin; to Special Purpose (SP) for lands as described
within attached Exhibit A, provided:
(Provide findings of fact similar to the fo!lowino and attach other conditions as may 6e
appropriate.)
1. The request for rezoning has not been considered afterpublic hearing with legal notice duly
published as required bylaw because
2. The rezoning to Special Purpose (SP) is not consistent with the Comprehensive Plan and the
Future Land Use Designation of Conservation because
3. The rezoning to Special Purpose (SP) is not consistent with the land development regulafions
for the City of Atlantic Beach because
4. The zoning district designation of Special Purpose (SP), and the specific use and special
conditions as set forth herein are not consistent and compatible ~ with surrounding
development because
.'r•
P:\USPRSIPInnningV2LZONIIJG FaSS\RFZ~2001-0I CDl3 SIafFRepartDoc
3
AGENDA ITEM #7A
JUNE 10, 2002
APPLICATION FOR AMENDMENT
TO ZONPIIG DISTRICT CLASSIFICATION
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233.5445
Phone: (904) 2475800 FA.~C (904) 247-5805 htm:/lwwwlci.adantic-beach.fLus
Date October 9, 2001 F'de No. ~EZ' ZDUI'D /~ Receipt ~~//
1. Applicant's Name New Covenant Educational Ministries. Inc. L~.~n.~.1" Coax,/- (•qYf.~, ~rw~e,.l~nr,.~~~we
2. Applicant's Address 391 14° Avenue. South, Jacksonville Beach. Florida 32250-4909
3. Property Location North of Atlantic Boulevard and East of the Intercnastal Waterway
4. Property Appraiser's Real.Esta[e Number 172389-0000
5. Current Zoning Classification OR 6. Comprehensive Plan Future Land Use designation '
7. Requested Action Rezone subicct prnpcrty to Special Pttrnose District as described in Exhibit "A"
8. Size of Parcel 2.Ss 9. Utility Provider Sentic Tank/Well • .
10. Statement of facts and special reasons foe requested rezoning, which demonstrates compliance with SecGoa 24-62 of
the City of Atlantic Beach Codc of prdinances, Zoning and Subdivision Regulations. (Attach as Exhibit AJ
11. Provide all of the following information:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order '
of the envelopes must match the order in which the names aonear on the list
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represcut the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number, of copies: Svc (5).
e. Application Fee.
I HEREBY CERTIFY THt1.T ALL INFORMATION PROVIDID VYPPH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or tyl
Signature(s):
ADDRESS AND CONTACT INFORWIATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING TIIIS
APPLICATION Name: Steven Diebenow
Mailing Address: 1301 Rivernlace Blvd.. Suite 1500. ,Tacksonville. FL 32207
Phone: ')04-346-5550 FAY:904-396.0663 Email: Sdiebenow(a?rtlaw.com
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AGENDA ITEM #7A
JUNE 10, 2002
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Area Hefore 2.953 Aces (128,630 3q. Ft)
Acquisition ~ O.g1AAeres (18,03ASq Ft)
Remainder 2.539 Acres (110,396 Sq. Ft)
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September 26, 2801
Jacksortvlllc City Council
Jackaoaville Planning and Development Deparmrcnt
Jackranville, Florida 72.^o'S
Re: Zonlag Exception AEent Authortzatlon
I, din and Grngemrn:
You aro hereby edvlsed• that the undmtgned, hereby wthorized and eatpowcs Rogers,
Towers, Bailey, Jones & Gay, P.A., to seek a zoning czception for the property described on the
attached npplicagan, and in coanecdan to file such applicatloas, papers, documcats, requests sad
other matters necusary to seetae a caning execpdon tm adr behalf. ,....
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